Bullying Laws in California (2026): The Complete Protection Guide
Most people don’t realize how seriously California takes bullying. Seriously. The state has some of the strictest anti-bullying laws in the country, and they cover way more than just what happens on school grounds. Let’s break down exactly what you need to know.
Whether you’re a parent, student, or teacher, understanding these laws can make a real difference. The penalties are real. The protections are strong. And knowing your rights matters.
What Is Bullying Under California Law?
California doesn’t mess around with vague definitions. The state defines bullying as any severe or ongoing physical or verbal act directed at one or more students. This includes written communications and electronic messages. Basically, if it causes fear, harms mental health, hurts academic performance, or stops someone from participating in school activities, it’s bullying.
Think of it like this. One mean comment isn’t necessarily bullying. But repeated harassment that makes a student afraid to go to school? That’s definitely bullying.
The law covers four main effects. Placing students in fear of harm to themselves or their property. Causing serious damage to their physical or mental health. Messing with their grades and schoolwork. Or preventing them from taking part in school activities.
Pretty straightforward, right?
Seth’s Law: California’s Main Anti-Bullying Protection
California’s most important bullying law is called Seth’s Law. It went into effect on July 1, 2012.
The law is named after Seth Walsh. He was a 13-year-old California student who tragically died by suicide in 2010 after years of anti-gay bullying. His school failed to address it properly.
Seth’s Law strengthened California’s existing protections. It requires every public school district to have clear anti-bullying policies. These policies must specifically protect students based on actual or perceived characteristics.
What characteristics? Hold on, this part is important.
The law protects students based on disability, gender, gender identity, gender expression, nationality, race, ethnicity, religion, sexual orientation, and immigration status. It also protects students who are associated with someone who has these characteristics.
You’re not alone if you didn’t know it was this comprehensive. Most people don’t realize how broad these protections are.
What Schools Must Do Under California Law
California doesn’t just say “don’t bully.” The state requires schools to take specific actions.
Every school district must adopt a formal policy prohibiting discrimination, harassment, intimidation, and bullying. This policy has to be posted in every school building. Staff lounges, student meeting rooms, everywhere.
Schools must also create a complaint process. This process needs clear timelines for investigating reports. It must include an appeals process for complainants. And it has to protect people who report bullying from retaliation.
Here’s where it gets interesting. If a teacher or staff member witnesses bullying, they’re legally required to intervene when it’s safe to do so. They can’t just ignore it.
Schools must also publicize their policies and complaint procedures. They have to make sure students, parents, and the general public know how to report bullying. The materials must be translated into other languages when appropriate.
Honestly, this is probably the most important rule. Schools must provide training to teachers and staff on how to respond to bullying. They also have to offer mental health services to students who are bullied.
Types of Bullying Covered by California Law
California law covers more than just traditional schoolyard bullying. Way more.
Physical bullying includes hitting, kicking, spitting, pushing, or any unwanted physical contact. Sexual touching or assault also falls under this category.
Verbal bullying means teasing, name-calling, threatening, or making inappropriate comments. This can happen in person or through any form of communication.
Social or relational bullying involves spreading rumors, excluding someone on purpose, or damaging someone’s reputation. This type often flies under the radar but can be just as harmful.
Cyberbullying is huge right now. It includes any bullying that happens through electronic devices. Text messages, social media posts, emails, online forums, gaming platforms. If it’s digital and it’s harassment, it counts.
Wait, it gets better. California law specifically addresses “cyber sexual bullying.” This means sharing or soliciting sexual images or recordings of students through electronic means.
The law also covers creating fake profiles or impersonating other students online with intent to bully them. Making a “burn page” about someone? That’s illegal.
School Penalties: Suspension and Expulsion
So what happens if you break these laws at school? Let’s talk about the penalties.
Under Education Code Section 48900, students can be suspended or recommended for expulsion for bullying. This includes bullying by electronic means.
For students in grades 4 through 12, bullying that’s severe enough can lead to suspension. The same goes for sexual harassment, hate violence, or intentional harassment and intimidation.
Here’s something most parents don’t know. Students in kindergarten through grade 5 generally cannot be suspended for disruption or willful defiance. This rule is designed to keep younger kids in school.
For grades 6 through 8, the restrictions are similar. The goal is to use alternatives to suspension whenever possible. California encourages schools to try counseling, community service, or other interventions first.
But suspension isn’t automatic. Schools are supposed to provide alternatives when they can. Things like after-school detention, anger management counseling, or character-building programs.
Expulsion is the most serious consequence. It can happen for particularly severe bullying incidents. These include cases involving serious physical injury, weapons, or repeated severe harassment.
Sound complicated? It’s actually designed to be fair while keeping schools safe.
Criminal Penalties for Cyberbullying
Okay, pause. Read this carefully. Bullying can lead to criminal charges in California, not just school discipline.
California Penal Code Section 653.2 makes certain cyberbullying acts a crime. This law targets electronic harassment and what’s called “doxxing.”
Here’s what’s illegal. Using an electronic device to place someone in reasonable fear for their safety or their family’s safety. Sharing someone’s personal information online with intent to cause harassment. Posting messages designed to get other people to harass or harm someone.
The penalty? Up to one year in county jail and a fine up to $1,000. That’s for a misdemeanor conviction.
But wait, there’s more serious stuff. Cyberstalking can be charged as either a misdemeanor or a felony in California. It falls under Penal Code Section 646.9.
Misdemeanor cyberstalking carries the same penalties. Up to one year in jail and a $1,000 fine.
Felony cyberstalking is no joke. You could face two, three, or five years in state prison. Still a $1,000 fine. Plus, in some cases, you might have to register as a sex offender or face domestic violence charges.
Making criminal threats online is another serious offense. This is charged under Penal Code Section 422. If you threaten to commit a crime that would result in death or great bodily injury, and the threat is taken seriously, you could face felony charges.
Felony criminal threats can mean up to three years in prison and a fine up to $10,000 per threat.
Honestly, most people assume cyberbullying is just “kids being kids.” They find out the hard way that California treats it as a crime.
When Cyberbullying Crosses into Criminal Territory
Not sure what counts as a crime versus just being mean online? Let me break it down.
Simple rude comments or arguments online usually aren’t illegal. They might violate school policies, but they’re not crimes.
However, behavior becomes criminal when it involves threats, stalking, repeated harassment, or sharing private information to cause harm. The key word is “intent.”
California law requires that you intended to cause fear or harm. If you didn’t mean to scare someone, that can be a defense. But good luck proving that if your messages were clearly threatening.
The behavior also has to be “severe or pervasive.” One nasty comment probably won’t get you arrested. But a pattern of harassment over weeks or months? That’s where criminal charges come in.
Here’s another factor. If the victim’s fear was reasonable, the law protects them. California uses a “reasonable person” standard. Would an average person in the victim’s position feel afraid? If yes, the behavior likely crossed the line.
Wondering if this applies to you? If you’re posting someone’s address, phone number, or photos online to get others to harass them, that’s definitely illegal.
Special Protections for Vulnerable Students
California law pays extra attention to students who are more likely to be bullied.
Schools must provide resources specifically for LGBTQ students and other at-risk groups. This is required under Seth’s Law and the Safe Place to Learn Act.
Students with disabilities get additional protections. Bullying based on a student’s disability is specifically prohibited. Schools must ensure these students can participate fully in school activities.
Immigrant students are protected too. Bullying or harassment based on immigration status is illegal. Schools can’t allow this kind of discrimination.
Districts must identify an officer responsible for ensuring compliance with anti-bullying laws. This person handles complaints and makes sure the school follows the rules.
Students who report bullying get protection from retaliation. Schools cannot punish someone for filing a complaint or participating in an investigation. If they do, that’s a separate violation.
Trust me, this works. Many students hesitate to report bullying because they fear retaliation. These protections exist to encourage reporting.
What About Bullying Off Campus?
Here’s a question a lot of parents ask. Does California law apply to bullying that happens off school grounds?
Yes, it does. Sometimes.
California’s Safe Place to Learn Act says schools must take action when bullying happens on school grounds, obviously. But the law also covers bullying while students are traveling to or from school. During lunch periods, even off campus. And during any school-sponsored activity.
The big one is cyberbullying. Even if it happens entirely outside school, if it affects a student’s ability to participate in school programs or creates a hostile environment at school, the school must address it.
A student could be bullied at home through social media. If that bullying impacts their schoolwork or makes them afraid to attend school, the school has a duty to investigate and respond.
Think of it like this. If the bullying connects to school in any way, California law gives schools authority to act.
How to Report Bullying in California
So what do you do if you or your child is being bullied?
First, document everything. Save screenshots of messages, emails, or social media posts. Write down dates, times, and what happened. Keep a record of any witnesses.
Report it to the school immediately. Most schools have a designated person who handles bullying complaints. This might be a principal, vice principal, counselor, or compliance officer.
You can also file a written complaint using the school’s official process. The school must investigate within the timeline specified in their policy.
If the school doesn’t respond appropriately, you can escalate. Contact the school district’s main office. File a complaint with the California Department of Education. Or reach out to organizations like the ACLU if civil rights are involved.
For criminal behavior like threats or cyberstalking, contact law enforcement. File a police report. This creates an official record and can lead to criminal charges if warranted.
Don’t worry, you have options. And remember, schools are legally required to protect complainants from retaliation.
Penalties for Schools That Don’t Comply
What happens if a school ignores bullying or doesn’t follow the law?
Schools that fail to comply with California’s anti-bullying laws can face administrative penalties. This can include loss of state funding. That’s a big deal for school districts.
Parents can also file civil lawsuits against schools that fail to protect students. If a school knew about bullying and didn’t act, they could be liable for damages.
California courts have ruled that schools have a duty to protect students from harassment and discrimination. When schools ignore serious bullying, especially if it’s based on protected characteristics, they can be held responsible.
The landmark case Donovan v. Poway Unified School District established that schools can be liable for peer harassment if they were deliberately indifferent to known harassment.
Many people don’t realize this, but schools take bullying seriously partly because of legal liability. They can’t just ignore it.
Workplace Bullying in California
Okay, let’s switch gears. What about bullying in the workplace? Turns out California has laws for that too.
Workplace bullying itself isn’t illegal unless it’s based on protected characteristics. This is a key difference from school bullying.
However, if workplace bullying involves harassment based on race, gender, sexual orientation, disability, or other protected classes, it violates the Fair Employment and Housing Act (FEHA).
FEHA requires employers to take reasonable steps to prevent and address harassment. They must investigate complaints promptly and take action to stop the behavior.
Assembly Bill 2053 requires employers with five or more employees to provide training on abusive conduct. This includes bullying that might not be illegal but still creates a toxic environment.
Employees who report harassment are protected from retaliation. Employers can’t fire, demote, or punish workers for filing complaints.
Honestly, workplace protections aren’t as strong as school protections. But they exist, and they’re important.
Can Minors Be Charged with Bullying Crimes?
Yes, minors can absolutely be charged with cyberbullying and cyberstalking crimes in California.
Most teenagers under 17 will be prosecuted in the juvenile justice system. This system focuses more on rehabilitation than punishment.
Juveniles found guilty might face counseling, community service, educational programs, curfews, or detention in a juvenile facility. It depends on the severity of the offense.
Teenagers age 18 and 19 are tried as adults. They face the same penalties as any adult convicted of these crimes.
In some cases, minors over 16 can be transferred to adult court. This happens when the crime is particularly serious or the minor has a criminal history.
Here’s the thing. A juvenile adjudication is different from a criminal conviction. But it still goes on your record and can affect your future.
Parents can also be held civilly liable for their children’s bullying behavior. If your kid causes harm through cyberbullying, you might be sued for damages.
Civil Lawsuits for Bullying
Beyond criminal penalties, victims of bullying can file civil lawsuits.
You can sue for emotional distress, defamation, invasion of privacy, or intentional infliction of emotional harm. These are called “tort” claims.
Some families are even suing social media companies. They argue these platforms created environments that enabled cyberbullying. These lawsuits are complicated, but they’re happening.
Parents can sue other parents if their child was bullied. You can also sue schools for failing to protect students.
Civil lawsuits can result in monetary damages. This includes compensation for medical bills, therapy costs, pain and suffering, and sometimes punitive damages.
The statute of limitations varies depending on the claim. Generally, you have two years from the incident to file a personal injury lawsuit in California.
How to Protect Yourself and Your Rights
Stay with me here. There are practical steps you can take to protect yourself or your child.
Know your school’s anti-bullying policy. Request a copy if you don’t have one. Make sure you understand the complaint process.
Talk to your kids about bullying. Teach them what it is, how to recognize it, and how to report it safely.
Monitor your child’s online activity. Not to invade privacy, but to watch for signs of cyberbullying, either as a victim or a perpetrator.
If you witness bullying, report it. Teachers, staff, and even students have a role to play in stopping it.
Keep detailed records of any bullying incidents. Documentation is crucial if you need to file a complaint or lawsuit.
Get help when you need it. Talk to school counselors, therapists, or legal professionals if the situation is serious.
Remember, you have rights. California law is on your side if you’re being bullied or if your child is.
Recent Updates and Changes
California continues to strengthen its anti-bullying laws.
In 2020, the state updated Education Code Section 218 to require schools to post LGBTQ student resources, including anti-bullying policies.
The Safe Place to Learn Act gets updated regularly. Schools must keep their training materials current and review their policies annually.
The California Department of Education maintains updated resources on its website. They provide model policies, training modules, and guidance for schools.
Cyberbullying laws are evolving too as technology changes. Legislators are working on updates to address new forms of online harassment.
Many districts are also implementing restorative justice practices. These focus on repairing harm rather than just punishing offenders.
It’s worth checking for updates regularly. Laws change, and staying informed helps you protect your rights.
Frequently Asked Questions
Can a student be expelled for cyberbullying in California?
Yes. Students can be suspended or expelled for cyberbullying under Education Code Section 48900. The school must determine that the bullying was severe or pervasive enough to warrant expulsion.
Is bullying a crime in California for adults?
Bullying itself isn’t a crime for adults, but related behaviors are. Electronic harassment, cyberstalking, and making criminal threats are all crimes. Workplace harassment based on protected characteristics is also illegal.
What should I do if my child is being bullied at school?
Document everything, then report it to the school immediately. Follow up in writing using the school’s official complaint process. If the school doesn’t respond properly, escalate to the district office or file a complaint with the California Department of Education.
Can parents be sued if their child bullies someone?
Yes. Parents can be held civilly liable for damages caused by their child’s bullying behavior. California law allows victims to sue for emotional distress, medical costs, and other damages.
Does California law protect students from being bullied based on sexual orientation?
Absolutely. Seth’s Law specifically prohibits bullying based on actual or perceived sexual orientation and gender identity. Schools must protect LGBTQ students and provide resources to support them.
Final Thoughts
California’s bullying laws are comprehensive and serious. They protect students at school, online, and during school activities.
Schools must take action when bullying is reported. Staff must intervene when they witness it. And there are real consequences for violators.
Whether you’re a student, parent, or educator, knowing these laws helps you protect yourself and others. Don’t hesitate to report bullying or seek help when you need it.
The bottom line? California doesn’t tolerate bullying. The protections are strong. Use them.
Now you know the basics. Stay informed, stay safe, and when in doubt, reach out to a school administrator or lawyer who can guide you through the process.